Mon.May 06, 2024

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The Difficult Nuance of Plagiarism

Plagiarism Today

Plagiarism is a complicated and nuanced topic. However, that nuance is often lost when it becomes a matter of public interest. The post The Difficult Nuance of Plagiarism appeared first on Plagiarism Today.

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Trade Secret Protection: What is It?

Erik K Pelton

The following is an edited transcript of my video What is Trade Secret Protection? There are numerous different types of intellectual property, such as trademarks, copyrights, and patents. Another type of intellectual property is trade secrets, such as the formula for Coca-Cola, or the original recipe for Kentucky Fried Chicken. These examples of intellectual property are protected because they have been kept secret, which makes them different from trademarks, copyrights, and patents in several

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3 Count: Nintendo Wipeout

Plagiarism Today

Nintendo wipes out more than 8,500 repos on GitHub, UK Lords pressures the government to act on AI, and YouTuber praises Kendrick Lamar. The post 3 Count: Nintendo Wipeout appeared first on Plagiarism Today.

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Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements

SpicyIP

One of the seemingly under-discussed aspects of the Delhi High Court’s decision in Sun Pharma v. Dabur India is the Court’s passing comments on the responsibility to serve the Counter-Statement in trademark prosecution. Passed on February 9, 2024, the High Court Ruling clarified that the deadline to file evidence in opposition cannot be extended by the discretion of the Registrar.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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WIPO Report Highlights Importance of Patenting to Improve Tech Capabilities

IP Watchdog

On May 2, the World Intellectual Property Organization (WIPO) issued its most recent biennial report, entitled “Making Innovation Policy Work for Development,” which analyzes patent filing, scientific publications and economic data across the globe over the last two decades to identify innovation policies effective at diversifying national economies.

Reporting 109
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Amazon Looks Ready to Brawl Over ‘Road House’ Copyright Termination

Copyright Lately

Amazon and MGM Studios raise the stakes in a copyright termination fight over the Road House reboot, claiming that writer Lance Hill’s use of a loan-out corporation prevents him from recapturing the copyright in the original screenplay. MGM Studios and its parent company, Amazon Studios, are punching back against a copyright infringement lawsuit filed by R.

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More Trending

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Pirate Site Owners Must Surrender, Informants Get Five-Figure Reward

TorrentFreak

Anti-piracy outfits come in all shapes and sizes and due to the nature of the business, there has been no shortage of controversies over the years, some justified and others less so. More recently, a strategy that has been seen only a handful of times before, has been playing out on social media. Protecting the interests of South Korean company Kakao Entertainment, the company’s ‘P.CoK’ anti-piracy unit has been engaging friend and foe alike, hoping to suppress piracy of local

Reporting 100
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Home Builder Beats NC Trade Secrets Suit

IP Law 360

The North Carolina's business court scrapped an interior designer's claims that a competitor stole cabinetry designs and customer information when it hired a former employee, sparing only an accusation that the ex-worker embezzled money.

Designs 98
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Understanding Eligibility for Short-Term Disability Benefits in Ontario 

Nelligan Law

Reading Time: 2 minutes If you’re facing a temporary health issue in Ontario, knowing how to navigate the short-term disability benefits landscape is crucial. This blog will help you understand the qualifications for short-term disability benefits, the process, and what’s needed to access the support required during a temporary setback in your health.

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OnePlus, Pantech File Dueling Bids After $10M Patent Verdict

IP Law 360

Chinese phone company OnePlus is contesting a Texas federal jury verdict that found it owes $10 million for infringing five Pantech patents, calling the sum a "grossly inflated damages award," while Pantech is asking the court to award it even more money.

Patent 96
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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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The Law Bytes Podcast, Episode 202: David Soberman on the Reality Behind Claims Canadian Wireless Prices Have Been Cut in Half

Michael Geist

Prime Minister Justin Trudeau recently claimed that “ we’ve cut the cost of cell phone plans in half since 2019 – in part by increasing competition.” Is that true? What is the real state of Canadian wireless competition and how does pricing compare with other countries? To help answer those questions, this week David Soberman , a Professor of Marketing at the Rotman School of Management at the University of Toronto and the Canadian National Chair of Strategic Marketing joins the Law Bytes

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Navigating the Complexities of the Israel-Iran Conflict: Historical Perspectives and Other Implications

IP and Legal Filings

Introduction Amid the recent news of Iran announcing war in Israel, the nations are on the verge of witnessing a new aggression when already the Israel-palestine issue is nowhere near resolution. But why now this sudden aggression? to briefly summarise the recent happenings, it started on the night of 13 th April 2024 when Iran along with some allies launched around 170 bomber drones and more than 300 missiles on Israel in retaliation to the suspected Israeli airstrike of the Iranian consulate i

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FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as First-to-File

JD Supra Law

On May 3, 2024, the United States District Court for the Eastern District of Texas entered an Order staying the proceedings in Chamber of Commerce v. FTC by granting the FTC’s motion to apply the first-to-file doctrine, in which a district court should generally order “stay, transfer, or dismissal” of a second-filed action that substantially overlaps with a pending, first-filed action—in this case, Ryan, LLC v.

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Never Too Late: If you missed the IPKat last week!

The IPKat

If things are finally looking up after a very busy week (and hopefully, a May Day long weekend), here's the summary of what you missed. Trade Marks Things are looking up! Image from Pixabay. Alessandro Cerri discussed the recent decision ( T-157/23 ) which found that a trade mark's reputation is acquired progressively, and lost gradually, such that evidence from some time before or after the date of assessment can still be of relevance.

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The Pitch - April 2024

JD Supra Law

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.

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Patenting Informational Innovations: IOEngine Narrows the Printed Matter Doctrine

Patently-O

by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. IOEngine, LLC v. Ingenico Inc. , 2021-1227 (Fed. Cir. 2024). In this decision, the Federal Circuit partially reversed a PTAB invalidity finding against several IOEngine patent claims.

Patent 62
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Google Facing New Copyright Suit Over AI-Powered Image Generator

JD Supra Law

Visual artists sued Google last week, alleging that Google’s AI-powered image generator, Imagen, was trained on their copyrighted content without authorization. The proposed class action asserts claims of direct copyright infringement against Google and vicarious infringement against Google’s parent company, Alphabet. The artists’ suit relies on the same theory underlying the string of recent litigation; the unauthorized inclusion of copyrighted content in the underlying datasets used to train.

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CAFC Remands I-FIT FLEX Opposition at Request of USPTO for Re-consideration of First and Second DuPont Factors

The TTABlog

On motion of the USPTO Director as intervenor [pdf here ], the CAFC remanded to the Board its decision in Icon Health & Fitness, Inc. v ERB Industries, Inc. , Opposition No. 91264855 (June 27, 2003) [pdf here ], because the USPTO raised "legitimate concerns about the Board’s findings on the relatedness between ERB’s goods and iFIT’s services and also wishes to reconsider the decision in light of Naterra International, Inc. v.

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[Podcast] Artificial Intelligence: Risks and Rewards

JD Supra Law

The pitfalls of modern technology have become clearer with the advent of generative AI, requiring companies to adopt AI usage policies. This year, our attorneys have seen noteworthy growth in requests for counsel involving the legal consequences of AI technology, increasingly integrated with the development, management and protection of IP.

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Judge Turns Down Realtek's Patent 'Conspiracy' Case

IP Law 360

A California federal judge has found that Taiwanese chipmaker Realtek can't use the federal courts to sue one of its major rivals for allegedly using a "bounty" to fund "patent troll" litigation against it because that doesn't break any federal antitrust laws.

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Using a Name without Permission: Privacy Infringement

JD Supra Law

About two years ago, McDonald’s advertised a sale on family-sized containers of ice cream called “Blast Ice Cream” in Israel. The advertisement’s headline was “Maayan will be happy to hear… Blast Party: Blast Ice Cream in a family-sized carton.” The advertisement referred to Channel 12 News reporter Maayan Parti, making a pun out of her…. By: Barnea Jaffa Lande & Co.

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Activision Blizzard Owes $23.4M In Patent Row, Jury Finds

IP Law 360

Video game developer Activision Blizzard owes Acceleration Bay $18 million for infringing a patent with its "World of Warcraft" game and an additional $5.4 million for infringing another patent in "Call of Duty," a Delaware federal jury found Friday.

Patent 59
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Three Point Shot - May 2024

JD Supra Law

Mischief Afoot: Vans Kicks MSCHF’s Main Defense to Trademark Infringement to the Curb in Art Sneaker Dispute - If the shoe fits, wear it. Or so the Second Circuit mused in a recent decision, in which it “re-boxed” an art collective’s appeal challenging a preliminary injunction that barred further sales of a limited-edition art sneaker.

Editing 65
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SpicyIP Weekly Review (April 29- May 05)

SpicyIP

Here is our recap of last week’s top IP developments including summaries of posts on the DHC’s decision in Natco v. Novartis appeal and the MHC’s decision in Microsoft Technology Licensing v. Asst. Controller of Patents. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

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PTAB Proposes Rules Governing Director Review of PTAB Decisions

JD Supra Law

On April 16, 2024, the PTAB proposed new rules (“proposed rules”) governing the Director Review process, which would remain consistent with the Interim review process currently in place, and codify those procedures.

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Looks are not everything… even in design matters.

The IPKat

Determining the informed user and the way the informed user perceives the design of a specific product are important steps in the assessment whether two designs produce the same overall impression. In a recent judgment, the General Court emphasized that the actual use of the product in which the design is incorporated is an important factor in determining which features of the design are of particular relevance for the informed user (case T-654/22 ).

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Key Copyright Issues for Independent Schools

JD Supra Law

Through our work with independent schools, we have seen numerous schools grapple with a variety of copyright issues including disputes over ownership of work created by teachers, unauthorized use of music or videos, and the impact of AI. Below are some of the key copyright issues that we have found are particularly relevant to many independent schools.

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The CRISPR Battle Through the Lens of International Patent Harmonization

IP Watchdog

On Tuesday, May 7, the U.S. Court of Appeals for the Federal Circuit will hear argument in a long-awaited appeal addressing the inventorship of the Nobel Prize-winning CRISPR technology. The case is the latest in a continuing legal battle between two groups of innovators, each asserting patent rights to key aspects of the groundbreaking technology.

Patent 57
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AI News Roundup – USPTO’s Request for Comment, biopharma companies ban ChatGPT, OpenAI’s memory feature, and more

JD Supra Law

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.

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DC Circ. Dubious Of DMCA Speech-Rights Fight

IP Law 360

Opponents of the Digital Millennium Copyright Act's anti-circumvention provision met a skeptical D.C. Circuit panel on Monday as judges grappled with whether the provision hinders First Amendment activity.

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Miles Davis Photog Denied New Trial Over Kat Von D Tattoo

IP Law 360

A California federal judge on Friday denied a photographer's new trial motion in a copyright case accusing celebrity tattooist Kat Von D of infringing his portrait of Miles Davis, rejecting his argument that the jury's finding of fair use of the portrait conflicted with the evidence at trial.

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Fla. Jury Sides With Polo Star In Fight Over Cloned Horse Deal

IP Law 360

A Florida federal jury on Monday handed an Argentine polo star a win on breach of contract and trade secret claims against a competitor over the use of genetic material in cloned foals.

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Fed. Circ. Affirms PTAB Invalidation Of Voice Command IP

IP Law 360

The Federal Circuit on Monday backed a Patent Trial and Appeal Board decision declaring that Mycroft AI had shown that several claims of a Voice Tech Corp. voice command patent for mobile devices were not valid.

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USPTO Says Apple Foe Seeks Info That Falls Under Exemption

IP Law 360

U.S. Patent and Trademark Office lawyers say the agency doesn't have to give any more of its communications to an inventor whose $533 million jury verdict win against Apple Inc. was overturned, and the USPTO wants a D.C. federal judge to toss his Freedom of Information Act lawsuit.

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Amazon Loses Bid To Ship Patent Case From EDTX To Wash.

IP Law 360

An Eastern District of Texas judge has denied Amazon's motion to transfer a two-factor authentication patent suit against it to the Western District of Washington, ruling that the e-commerce giant didn't show that its home base was clearly a more convenient location.

Patent 52